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Enron Mail |
PRIVILEGED AND CONFIDENTIAL: ATTORNEY CLIENT COMMUNICATION, ATTORNEY WORK
PRODUCT Please be advised that our attorneys have filed a motion for leave to file a supplemental motion on behalf of MG Metals regarding Base Metals' belated attempt to serve OJSC in the underlying lawsuit. We make two arguments in the underlying substantive motion supporting the legal conclusion that Base Metal's attempt was invalid: (a), the service was mailed by the plaintiffs, rather than by the Court, the latter of which is required by the federal rules of civil procedure, and (b), Base Metal failed to satisfy its burden under the federal rules of showing that Russian law did not preclude service in this manner. We are hammering on this point because under applicable Maryland procedure, a plaintiff such as Base Metals must serve the underlying lawsuit within 60 days of the attachment of a third-parties' goods. Unfortunately, no Maryland legal authority has thus far addressed what happens when someone like Base Metals fails to do so, but we will of course argue the common-sense proposition: that Base Metals' failure to comply with this 60-day period is lethal to its attempt to keep the escrow account open. I will keep you advised. Britt
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